People v. Vasquez CA2/7

INTRODUCTION

Albert Curtis Vasquez appeals from his conviction by guilty plea to possession of a firearm by a felon and his conviction after a jury trial for second degree murder. He argues the trial court made improper comments on his decision to testify and on the trial evidence, violating his rights under the Fifth, Sixth, and Fourteenth Amendments. He further argues his plea must be vacated because Penal Code section 29800, the felon in possession statute, violates the Second Amendment.1 We dismiss Vasquez’s appeal from his guilty plea because Vasquez did not obtain a certificate of probable cause under section 1237.5. We otherwise affirm because the trial court’s comments were not constitutionally infirm when examined in context.

FACTUAL AND PROCEDURAL BACKGROUND

A. Information In March 2021, Vasquez was living in a Koreatown tent encampment when he shot and killed Everett Cain, another resident of the encampment. On August 23, 2022, Vasquez was charged by information with murder (count 1; § 187, subd. (a)). The information alleged Vasquez personally used a firearm in the commission of the murder within the meaning of section 12022.5, subdivision (a). Vasquez was also…